Agreement on the basic principles guiding the settlement of sea-related matters between the Socialist Republic of Viet Nam and the People’s Republic of China

(Source : MOFA)

The delegation of the Government of the Socialist Republic of Viet Nam and the delegation of the Government of the People‟s Republic of China agreed that the appropriate settlement of sea-related matters between Viet Nam and China goes in line with the basic interests and shared aspiration of the people of the two countries and is conducive to regional peace, stability, co-operation and development. The two sides agreed, on the basis of the common understanding that Vietnamese and Chinese Leaders reached on sea-related matters and “The 1993 Agreement on the Basic Principles for the Settlement of Border and Territorial Matters between the Socialist Republic of Viet Nam and the People‟s Republic of China”, to solve sea-related matters under the following principles:

1. To take the overall relationship of the two countries as the most important element and base themselves on the strategic and panoramic view guided by the spirit of „Friendly neighbourliness, comprehensive co-operation, long-term stability and future-oriented relations‟ and „good neighbours, good friends, good comrades and good partners,‟ and persistently pursuing friendly consultations to appropriately settle sea-related matters, thus making the East Sea a waters of peace, friendship and co-operation, contributing to the development of the Viet Nam-China comprehensive strategic cooperative partnership, as well as to regional peace and stability.

2. On the basis of full respect for legal evidences, taking into account other factors such as history, as well as each other‟s reasonable concerns, and with a constructive attitude, the two sides would make efforts to expand common understanding, narrow differences and continuously promote negotiations. Based on the legal regime and principles defined by international law, including the 1982 UN Convention on the Law of the Sea, the two sides shall make efforts to seek mutually acceptable fundamental and lasting solutions to sea-related disputes.

3. In the negotiations on sea-related matters, the two sides will seriously observe the agreements and common understanding reached by their high-level leaders and adhere to the principles and spirit of the „Declaration on the Conduct of Parties in the South China Sea‟ (DOC).

For sea-related disputes between Viet Nam and China, the two sides shall settle them through friendly negotiations and consultations. If the disputes involve other countries, the consultations shall include all other parties concerned.

4. In the process of seeking fundamental and lasting solutions to sea- related matters, on the basis of mutual respect, equality and mutual benefits, the two sides shall actively discuss provisional and temporary measures without affecting each side‟s positions and policies, including the active consideration and discussion on cooperation for mutual development based on the principles mentioned in Article 2 of this Agreement.

5. To address sea-related matters incrementally, taking the easier matters first. To steadfastly speed up the negotiations on demarcation of the waters beyond the mouth of the Gulf of Tonkin and actively discuss co-operation for mutual development in these waters. To actively promote co-operation in less sensitive fields like marine environment protection, oceanography, search and rescue, and prevention and mitigation of natural disasters. To make efforts to enhance mutual trust to facilitate the settlement of more difficult matters.

6. The two sides shall conduct periodical meetings between the Heads of Governmental delegations for border negotiations twice a year on a rotational basis and hold irregular meetings if necessary. The two sides agreed to establish a hotline between the Governmental delegations to exchange views and address sea-related matters in an appropriate and timely manner.

This Agreement is done in Beijing, on the 11th of October 2011, in Vietnamese and Chinese, both texts being equally authentic.

Head of the Delegation Head of the Delegation

of the Socialist Republic of Viet Nam of the People's Republic of China